STANCAGE v. STANCAGE


173 A.D.2d 1081 (1991)

Maureen A. Stancage, Respondent, v. Vaughn F. Stancage, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 16, 1991


Because defendant served his notice of appeal more than 30 days (CPLR 5513 [a]), plus five days for mailing (CPLR 2103 [b] [2]), after the date of service of a copy of the amended judgment and notice of its entry, his appeal therefrom must be dismissed as untimely. Furthermore, although defendant claims that service upon defendant's counsel of record was after the time that they were discharged as counsel, there is no evidence in the record to show that the discharge was...

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